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Arrest and charging

Police may arrest and interview a person (or people) as a result of the evidence they have collected during the investigation.

Police will tell the person what they have been accused of and will offer them an opportunity to make a statement about it. The person has the right to refuse to say anything.

After this, if the police believe they have enough evidence, they will charge the person. Fingerprints and photographs may be taken so that they can be formally identified.

Once the alleged offender has been charged, they are known as the accused person. The accused person will be given a copy of their charges that will include information on the date they are to appear at court.

Note that at the Local Court stage and on legal documents such as the court attendance notice, the alleged offender is referred to as the defendant rather than the accused person.

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Last updated: 21 September 2007